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City and Town Governments continue to push legislation requiring high performance buildings.
-1- Ord. 2010-42Presented by: The ManagerIntroduced:
J.W. HartleORDINANCE OF THE CITY AND BOROUGH OF JUNEAU, ALASKASerial No. 2010-42An Ordinance Amending the Land Use Code To RequireConstruction and Renovation of Municipal Public Facilities toMeet a Sustainable Building Standard. WHEREAS, the City and Borough anticipates that it will be facing unprecedentedincreases in fuel and electricity rates in the future; andWHEREAS, in the United States, buildings account for 12.2 percent of freshwateruse, 38 percent of carbon dioxide (CO2) emissions, 40 percent of material use, and 39percent of energy use; andWHEREAS, the City and Borough desires to reduce it’s building operating andmaintenance costs, provide a healthy and productive indoor work environment for itsemployees and the public, promote the community’s ongoing economic vitality, andsupport energy efficiency; andWHEREAS, the City and Borough recognizes that the practice of sustainability, asit relates to buildings, is the use of key resources like energy, water, materials and landin a more efficient manner than simply constructing buildings to code; and1234567891011121314151617181920212223242526-2- Ord. 2010-42WHEREAS, building sustainability creates healthier work, learning, and livingenvironments with more natural light and cleaner air, contributing to improvedemployee and student health, comfort, and productivity; andWHEREAS, the LEED (Leadership in Energy and Environmental Design) RatingSystem is a third-party certification system developed by the United States GreenBuilding Council. This system quantifies sustainable design, and awards rankingsbased on achievement; andWHEREAS, these third-party certification systems are not expected to significantlyimpact CBJ staffing; andWHEREAS, government is ultimately responsible for leading by example and settinga community standard for the sustainable planning, design, construction, renovationand operation of buildings to support economic, social, and environmentalsustainability.NOW, THEREFORE, BE IT ENACTED BY THE ASSEMBLY OF THE CITY AND BOROUGH OFJUNEAU, ALASKA:Section 1. Classification. This ordinance is of a general and permanent natureand shall become a part of the City and Borough Code.//////1234567891011121314151617181920212223242526-3- Ord. 2010-42Section 2. Amendment of Chapter. CBJ 49.35 Public Improvements, isamended to add a new section, CBJ 49.35.800 Sustainable building standards forconstruction and renovation of buildings, to read:49.35.800 Sustainable building standards for construction and renovation ofbuildings.(a) New construction and renovation of existing buildings and facilities by the Cityand Borough. The City and Borough shall construct and renovate its public facilitiesand buildings to sustainable building standards through the use of the U.S. GreenBuilding Council’s Leadership in Energy and Environmental Design (LEED) ratingsystem, and shall be responsible for ensuring that public facilities and buildings meetthe requirements as set out in this section and are operated accordingly.(1) LEED shall be the quantitative measurement for how well standards aremet;(2) All public facilities and buildings utilizing municipal funds and costingover $5,000,000 (either general or bonded), including new privateconstruction for Municipal leasing or renting, shall be designed andconstructed in such a fashion as to achieve a minimum level of LEEDCertified;(A) The City and Borough Engineering Department shall determine ifattainment of specific LEED credits will be required within the creditspursued for LEED Certification. These required credits shall bedocumented in CBJ policy and shall be reviewed and updated each1234567891011121314151617181920212223242526-4- Ord. 2010-42time a new version of the LEED standard is issued. Such update shalloccur within three months of the issuance of a new LEED standard.(b) Application. The sustainable building standards for municipal buildings andfacilities, including but not limited to, the Juneau School District, the JuneauInternational Airport, and Bartlett Regional Hospital, shall apply to facilities andbuildings where the principal use is regularly occupied space, including, but not limitedto, buildings occupied for office, retail, classroom, healthcare, or assembly purposes.(1) As used in this section, occupied means a facility or building whoseprimary purpose is for people to work, assemble, or intend to remainwithin to perform functions (other than routine maintenance) of theprincipal use of the building. Industrial facilities, such as maintenance,warehouse, and vehicle storage, are excluded from this section.Section 3. Exception Procedure. If the Manager, with the consent of theAssembly, after consideration of the recommendation of the Sustainability Commission,determines that it would not be economically feasible to satisfy the prerequisites forLEED Certification in the case of a specific project, that project shall be exempt fromthe requirement for LEED Certification.////////////1234567891011121314151617181920212223242526-5- Ord. 2010-42Section 4. Effective Date. This ordinance shall become effective on July 1,2011. Existing projects with fully executed contracts for design services on the effectivedate shall be exempt from this ordinance.Adopted this day of 2010.____________________________Bruce Botelho, MayorAttest:____________________________Laurie J. Sica, Clerk